On November 26, 2019, the Seventh Circuit Court of Appeals decided Barnes v. City of Centralia et al.[i], in which the court examined whether an officer was liable when he reported threats he received to the police, as would any private citizen.  The relevant facts of Barnes, taken directly from the case, are as follows: A gang named the "Rude Boyz" is well known in the City of Centralia in downstate Illinois. Two of its members threatened a twelve-year-old boy who witnessed a gang-related shooting in a park. The threats were investigated by Peebles, who over the years has arrested [...]

On November 25, 2019, the Fifth Circuit Court of Appeals decided Garza v. Briones et al.[i], in which the court examined whether officers who shot a man armed with what was later learned to be a BB gun, violated the Fourth Amendment.  The relevant facts of Garza, taken directly from the case, are as follows: At about 1:43 a.m. on August 14, 2014, several officers, including defendants, responded to a 911 call from a truck stop. The caller informed the officers that a man—later identified as Garza—was sitting alone in front of the truck stop's bar playing with a pistol [...]

On November 20, 2019, the Eleventh Circuit Court of Appeals decided the United States v. Cheeks[i], in which the court examined whether an officer had sufficient reasonable suspicion to stop a vehicle, and whether the officer impermissibly expanded the scope of the traffic stop.  The relevant facts of Cheeks, taken directly from the case, are as follows: Officer Danny Turner of the Heflin, Alabama Police Department testified that on April 6, 2017, while on patrol on the westbound side of I-20, he saw Cheeks, on two separate occasions, make a lane change where his turn signal came on but turned [...]

On November 18, 2019, the Eleventh Circuit Court of Appeals decided Hines v. Jefferson[i], in which the court examined whether a deputy, who was working as a school resource officer (SRO), violated the Fourth Amendment regarding excessive force and malicious prosecution and the Fourteenth Amendment regarding excessive corporal punishment.  The relevant facts of Hines, taken directly from the case, are as follows: On August 29, 2016, K.S. was standing in the common area of the school before classes started when another student, D.B., tapped her on the shoulder and asked if she wanted to fight. K.S. responded that she did [...]

On October 23, 2019, the Court of Appeals of Georgia decided Lowe v. State[i], in which the court discussed various exceptions to the warrant requirement that pertain to vehicles, and ultimately decided to reverse the trial court’s denial of a motion to suppress.  The relevant facts of Lowe, taken directly from the case, are as follows: [T]he evidence demonstrates that agents with the Savannah Police Department's Counter Narcotics Team were conducting surveillance on a house on Cottonvale Road based on an anonymous complaint, in the form of a tip sheet. According to the complaint, "M. S.", an unidentified male, was, [...]

By Lou Reiter, LLRMI Co-Director and Director of the Public Safety Internal Affairs InstituteLou Reiter Are these just words or something more? “Professional or skilled journeyman.” “Warrior or Guardian of the Peace.” Back in the late 1960s and early 1970s there was a push in American law enforcement to professionalize.  And there was some evidence of that.  Many states created POST type organizations to standardize basic training and certify law enforcement officers.  Some even created methods to decertify officers.  While we had the Code of Conduct from 1957, some states like California expanded that code to Canons of Ethics. The [...]